- 6 - evidence. See Watson v. Commissioner, T.C. Memo. 1988-29. If no other documentation is available, we may accept credible testimony of a taxpayer to substantiate a deduction. Watson v. Commissioner, supra. Moreover, expenses that are incurred before the commencement of business operations constitute preopening or startup expenses and are not deductible under section 162. See Jackson v. Commissioner, 864 F.2d 1521, 1525-1526 (10th Cir. 1989), affg. 86 T.C. 492 (1986); Hardy v. Commissioner, 93 T.C. 684, 687-693 (1989); Goodwin v. Commissioner, 75 T.C. 424, 433 (1980), affd. without published opinion 691 F.2d 490 (3d Cir. 1982). Generally, petitioner failed to introduce any reliable written substantiation for his claimed traveling expenses. Petitioner testified that he kept receipts that substantiated his traveling expenses, but that the receipts were stolen. Petitioner’s testimony regarding his traveling expenses was generally vague and unconvincing. At times he was almost hysterical. Nevertheless, his presentation was at best a dramatic effort to explain his failure to provide substantiation of his claimed travel expenses. Petitioner also failed to demonstrate that he attempted to reconstruct these expenses. He did not present testimony of any other witness, except his wife, to substantiate his own testimony. Mrs. Hooli’s testimony was brief and generally in the form of responses to her husband’s leading questions. We cannot give this unconvincing testimonyPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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